Wp(C)/4888/2008 Of Dr. Bhabadev Goswami v. The Commissioner Of Income Tax And Ors

WP(C) 4888/2008BEFORE HON’BLE THE CHIEF JUSTICE(ACTING) MR. K. SREEDHAR RAOHON’BLE MR JUSTICE P. K. SAIKIA Heard the petitioner and the respondent. It is the contention of the petitioner that the exemption sought in the return for the endoscopy items has been rejected and thereafter a notice under section 148 of the Income Tax Act, 1961 was issued for reassessment. It is said that there are no grounds made out for making reassessment, hence challenged the notice issued for reassessment. In fact the petitioner submitted objections to the said notice. The said objections have been over-ruled by holding that the petitioner to explain on the question of reassessment of the items relating to the assessment. It is the contention of the petitioner that once in the return the exemption sought for the items has been rejected the question of reassessment on the said items does not arise. The counsel for the department on the other hand submits that the notice at annexure R dated 21st May, 2007 discloses that the survey conducted under section 133 of the Income Tax Act, 1961 on 7.3.2007 certain facts have come to thenotice which do not enable the petitioner-assessee to seek deductions under section 80IB(4) of the Income Tax Act, 1961 against the profit earned from the endescopy unit. The proceeding is at the motion stage. Further, the issue requires scrutiny of the details of the facts, which can well be appreciated by the assessing authority. Therefore the petitioner is given liberty to plead all his contentions before the assessing authority. Accordingly the petitions are disposed of.